Question 24353 — water and sanitation

Summary

Mr. Alain Perea questions the Minister of Ecological and Inclusive Transition on the conditions under which a public drinking water supply service delegate can impose the installation of a general meter for the service of an existing co-ownership on the edge of the public domain and the de facto transfer of the maintenance of the pipes serving the individual meters, until then the responsibility of the delegator and the delegatee, to this same co-ownership. In fact, in the fairly recent past, many co-ownerships did not benefit from a general meter but were equipped with a network of individual meters for each co-owner. According to consistent case law, the maintenance of the pipes up to these meters was the responsibility of the community or its delegate, even if the pipes were on the private property of the co-ownership. As part of the renewals of concessions, new delegatees often wish to minimize their liability by installing a general meter at the boundary of the co-ownership. Through this operation, it effectively transfers the management of the pipes connecting this general meter to the individual meter in the co-ownership. This transfer of management to the co-ownership is only very rarely accompanied by any compensation for future expenses. maintenance. This situation may seem all the more damaging given the previous situation, the supply of public equipment (fire hydrant in particular) is sometimes dependent on the network located on the private domain of the co-ownership. Also, he asks under what conditions, in existing condominiums not having a general meter, a delegate of the public drinking water supply service can impose, despite the opposition formulated by the co-ownership, the installation of a general meter at the edge of the public domain.

Machine translation from French. The official text remains authoritative.

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1. 10 December 2019

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• Alain Perea · auteur

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